Terms & Conditions

DynaSky is a subsidiary of Vertex Telecom, Incorporated. By subscribing to the services of DynaSky ("DynaSky"), you agree to the following terms and conditions with respect to your account ("Account"). Use of DynaSky's services ("Service") will constitute your consent to these terms and conditions.

The following Document is a contract, legally binding agreement. You must read the entire Terms and Conditions carefully before using or accessing our website or services. By accessing the DynaSky.com website and using any of the services offered or provided by DynaSky, you confirm your acceptance of, and agree to be bound by, all of the conditions of use set forth in this Agreement. Please DO NOT use this website or services if you do not accept all the terms and conditions stated herein and at other places (including FAQ's and Privacy & Security section) on this website.

Disclaimers and Limitation of Liability

DynaSky does not guarantee the continuous, uninterrupted or secure access to the DynaSky.com website or any related services. The operation of the DynaSky.com website may be interfered with by numerous factors outside the control of DynaSky.

Under no circumstances shall DynaSky be liable for any damages that result from the use of or inability to use DynaSky.com website, including but not limited to reliance on any information obtained from the DynaSky website or that result from mistakes, interruptions, deletion of e-mails, errors, delays in operation or transmission, or any failure of performance.

DynaSky will not be liable for any direct or indirect, incidental, special or consequential damages arising from the use of the DynaSky.com website or the purchase of any product.

Fraudulent Activities

DynaSky reserves the right to deactivate, disable and remove any suspicious or fraudulent account with or without notice. You are responsible for providing all accurate account information and preventing unauthorized use of your DynaSky and Credit Card accounts. You are entitled to refunds, reimbursements, credits, and exchanges for any portion of your account balance only at the discretion of DynaSky and only if a request for such a reimbursement has been made by you.

Reward Program

The DynaSky "Reward Program" is not a reseller program, and its bonus credit has zero value even though the DynaSky account is based on U.S. dollar value. The Reward bonus credit is not transferable, creditable or refundable under any circumstances, and will expire 120 days from the date rewarded. The Reward bonus credit will not apply to an account with negative balance or an account that is disabled or has expired. The minimum bonus redemption amount is U.S. two dollars ($2.00), and bonus can be redeemed only once per month. Each bonus redemption will extend account expiration date for additional six (6) months. DynaSky reserves the right, at its own discretion, to remove or discontinue the Reward feature from any account with or without notice.

Features

DynaSky reserves the right in creating or making any changes on all its features with or without notice. Please protect all your account information. DynaSky is not responsible for any lost, stolen or unauthorized usage of your account.

DirecDial

The DirecDial feature allows you to place a call without entering your PIN while such call is initiated from any of your registered DirecDial phone numbers and such phone number is valid and fully functional. DynaSky is not responsible for any unauthorized use of any of your IntrAccounts, which includes Primary, DirecDial, and PINDial accounts.

EZ Phonebook

DynaSky is not responsible for any kind of charge that may be caused by entering or using the inaccurate EZ phonebook code setting, wrong destination numbers and/or any wrong dialing. Please be sure you fully understand the feature before using it.

IntrAccounts

Although DynaSky lets you create up to three additional IntrAccounts, or sub-accounts, with their own PIN(s), DynaSky is not responsible for any lost, stolen or unauthorized usage of your accounts. Please protect all your account information at all times.

Local Access Number Distance Indicator

This feature only provides you the approximate distance from your location to one of our local access numbers. You must verify with your local phone company whether there are any additional usage charges. DynaSky is not responsible for any charges or fees induced by any company other than DynaSky.

DynaSky eSecretary

By subscribing to the DynaSky eSecretary Service, you acknowledge and agree that a nominal monthly fee of U.S. two dollars and ninety-five cents ($2.95) for a U.S./ Canada local or Toll-Free number, or U.S. four dollars and ninety-five cents ($4.95) for an international number, a number with country and area code foreign to the U.S., and Canada, will be applied to your DynaSky account. Additionally, you also acknowledge that you have read and understood the features and charges of using the DynaSky eSecretary Service as posted on our Web pages. You are responsible for maintaining sufficient account balance for the monthly deduction of the subscription fee. Insufficient account balance will cause this subscribed service to be terminated as a result. You are also responsible for preventing any unauthorized use of your Account. You may be entitled for refunds, reimbursements, credits, or exchanges for any portion of your account balance at DynaSky's sole discretion and only if such request has been submitted by you.

DynaSky VoIP

A nominal monthly fee of U.S. two dollars and ninety-five cents ($2.95) will be applied to your DynaSky account if you subscribe to DynaSky VoIP service. A nominal monthly fee of U.S. two dollars and ninety-five cents ($2.95) per additional Virtual Phone Number will be applied to your DynaSky account if you have obtained Virtual Number(s) under the DynaSky VoIP features. You are responsible for maintaining sufficient account balance for the monthly deduction of the subscription fee. Insufficient account balance will result in automatic removal of your subscribed service. You are responsible for preventing any unauthorized use of your Account. You may be entitled for refunds, reimbursements, credits, or exchanges for any portion of your account balance at DynaSky's sole discretion and only if such request has been submitted by you.

DynaSky Business

A nominal monthly fee of U.S. three dollars and ninety-five cents ($3.95) will be applied to your account if you sign up for DynaSky Business. A nominal one-time charge of U.S. one dollar ($1.00) will be applied when you create each new sub-account, up to 999 sub-accounts. You, the account administrator or Master-account, are responsible for the balances transferred in and out of ALL sub-accounts created under your account. All features and subscription-based services are available to sub-accounts. All DynaSky Terms & Conditions apply to the sub-accounts.

All Sub-accounts and the Master-account (the “Group”) are eligible to participate in Reward Program. Account expiration will be consistent within the Group, and based on the most extended expiration date within the Group, as result of Master-account recharge or Reward credit redemption earned by any party from the Group.

You are responsible for maintaining sufficient account balance for the monthly deduction of the subscription fee. Insufficient account balance will result in automatic removal of your subscribed service(s). You are responsible for preventing any unauthorized use of your Account. You may be entitled for refunds, reimbursements, credits, or exchanges for any portion of your account balance at DynaSky's sole discretion and only if such request has been submitted by you.

Rates

DynaSky's rate table is clearly listed on our Web site's Rate Center, and all rates in this table are denominated in U.S. dollars, and are based on one (1) minute increments. Rates are variable and are determined by market conditions and/or any other economic factors. Thus, DynaSky cannot guarantee that the rates will not change, and DynaSky reserves the right to adjust rates in the future. DynaSky recommends that customers periodically review the rate table to be informed of any changes.

Softphone and Other VoIP Registration Media

In order to receive the benefits provided by the DynaSky VoIP, you hereby grant us permission to utilize the processor and bandwidth of your computer for the limited purpose of accessing our network, and DynaSky is not responsible for the technical support to your computer, third-party softphone, or ATA (Analogue Terminal Adapter). DynaSky will only provide support to DynaSky-labeled software and hardware.

Customer Support

DynaSky Customer Support is solely for issues related to the DynaSky accounts. If you utilize the Support Service in a manner inconsistent with these terms and conditions, DynaSky may, in its sole discretion, terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse violates this Customer Support Policies.

Directory Listing

You acknowledge that DynaSky does not publish any phone number assigned to you. In addition, DynaSky will neither assist nor be responsible for any expenses of your request in publishing any phone number(s) provided by us. Please be advised that we have no control over any publications or directory listings done by previous subscriber of the number assigned to you. If you receive calls from previous subscriber’s callers, you shall contact us immediately to replace it with a new number, and this is the only remedy you will receive from us for such incident. You also understand and agree that you will be solely responsible for any expenses, fees, damages, and/or losses with regards to the publication or directory listing of the phone number(s) provided by DynaSky.

Password Security

All users are responsible for keeping their own DynaSky account password confidential, and restricting access to such User's computer. All users agree to accept full responsibility for all activities that occur within their DynaSky accounts. Please highly protect your DynaSky log-in password. Password changing on regular basis is highly recommended.

Fair Use Policy

DynaSky operates a Fair Use Policy to ensure excessive, inappropriate or unreasonable use by some customers does not affect the quality of the experience or the integrity of the DynaSky Network for other customers. If in DynaSky’s reasonable opinion your usage is abusive, inappropriate or unreasonable, DynaSky reserves the right to request that you stop using the services in this manner and to contact you to discuss a more appropriate product / service for you. In the event of continued abusive, inappropriate or unreasonable use, DynaSky reserves the right, without further notice, to remove the service from your account or suspend your account.

Ownership of Numbers

You understand and agree that all numbers DynaSky assigned to you, U.S./Canada/international and toll-free, are still the property of DynaSky. You may not transfer the ownership or any part of the Services to any third Party without the expressed consent of DynaSky. In the event a dispute is induced regarding account ownership, DynaSky shall, in its own discretion, determine the rightful ownership of the number. DynaSky will not be liable for any fees or charges applied to your Account induced by such dispute.

You understand that once you unsubscribe a DynaSky service that utilizes a DID (Direct Inward Dialing) Number such as phone number, or toll-free number, the number will be deleted from your account. However, the number may be retrieved within 30 days, or for eSecretary international numbers, within 3 days, from the date service is unsubscribed, with a $2.95 one-time retrieval fee.

You also understand and agree that DynaSky may from time to time, due to certain restrictions, need to change the number assigned to you; and DynaSky may re-assign the number to another customer immediately following the termination of your DynaSky Account. DynaSky will not be liable for any and all damages arising from such causes, and you hereby waive any claims against DynaSky. You may request in writing that DynaSky, prior to termination of your Account, transfer the toll or toll-free number assigned to you to another carrier, provided that your Account is in good standing. DynaSky may, in its sole discretion, grant or deny such request. If such transfer request is granted, a $20.00 transfer-service charge will be deducted from your DynaSky Account.

Foreign carriers and/or regulatory agencies may impose, upon the end-to-end international service they provide, limitations, restrictions and/or cease entirely your ability to use the Service DynaSky provides you at anytime, without prior notice. In such case, you must conform to said limitations, restrictions and/or entire cessation of service by the foreign carriers and/or regulatory agencies. You agree to comply with all applicable foreign and domestic laws and rules and regulations regarding the transmission of technical data exported or imported from the United States to your ring-to destination country. You agree to hold DynaSky harmless of any damages or liabilities, of any kind, related to your violation of US and/or International laws, rules and/or regulations while you are a customer of DynaSky.

DynaSky may immediately cancel your Service and repossess any and all phone number(s) associated with your account if/when your use of the Service(s) provided to you interfere in any way DynaSky's ability to provide Service(s) and products to its other customers.

Real-Time Account Management

To reduce the data loading time on the Internet, DynaSky website only provides call history ("Call Detail Record" or "CDR") for the last 90 days. DynaSky highly recommends that you print or save your own CDR on monthly basis. DynaSky reserves the right to pull out any call history from the website that is more than 90 days old. Inquiries for CDR more than 90 days old are based on availability of data, and extra service fees will apply to your account, as listed below. Due to storage restrictions, DynaSky will not archive CDR beyond the last 5 years.

CDR Time Frame

Service Charge Per Request

Within 12 months from the request date

FREE

Beyond 12 months but within 18 months from the request date

$2.00/pin

Beyond 18 months from the request date

$6.00/pin

Request CDR with special requested format or company Logo

$8.00/pin

Newsletter

DynaSky occasionally releases Web-based newsletters for its latest products, services, special deals, and other business-related news. The newsletter service is free and can be subscribed online or by sending a request to our Customer Service. DynaSky disclaims all responsibility and liability for the availability, timeliness, security or reliability of the newsletter releases. You may unsubscribe this service at any time by unchecking the check box under 'My Profile' webpage or contacting our Customer Service by postal mail, phone, or e-mail.

Please note that transmissions by e-mail are not secure and are subject to interception by unauthorized individuals. If you wish to send personal or sensitive information, we highly recommend that you contact our Customer Service through postal mail or phone.

Cancellation

This agreement shall remain in full force until such time that it is cancelled by either party. DynaSky may cancel, suspend, or otherwise terminate Service at any time without prior notice for any reason which in DynaSky's judgment may preclude it from receiving payment for its services. To cancel the DynaSky Service, please write to: Vertex Telecom, Inc., Customer Service, 980 Corporate Center Dr. Pomona, CA 91768 USA. Your letter must be signed by you and must also include your DynaSky PIN and current mailing address. Upon DynaSky's receipt of your notice of cancellation, you agree that DynaSky has authorization to initiate a final charge if an outstanding balance exists.

Billing

A subscription to DynaSky requires valid payment information for credit verification and payment of charges. We accept a U.S. or Canada issued VISA, MasterCard, and PayPal. By providing DynaSky with the payment information, you grant us authorization to submit charges on them. You are responsible for preventing unauthorized use of your Account. You are entitled to refunds, reimbursements, credits, and exchanges for any portion of your account balance only at the discretion of DynaSky and only if such request has been made by you. Refund will go to the last record of the original payment method. No refunds shall be given for DynaSky Credits that are not directly acquired online from DynaSky.com (e.g. promo codes, vouchers, or referral rewards), or to Members of a DynaSky Business Account for DynaSky Credits paid for by the Administrator.

If you sign up for any DynaSky subscription-based services, the monthly fee will be deducted from your account balance on the day after you sign up. For example, if you sign up for DynaSky VoIP on May 5th, the monthly fee will automatically be deducted from your account balance on the 6th (anniversary date) for the period from the 7th through the 6th of the following month. You can cancel your subscribed service(s) at any time and you will not be charged for any additional renewals. For example, if your anniversary date is the 6th of each month and you cancel your DynaSky VoIP on October 20, then you will not be charged on Nov. 6 (for the Nov. 7 - Dec. 8 period) and your DynaSky VoIP will terminate on October 20. There are no refunds for any time period (or portions thereof) already billed or paid for.

Bills from your other Long Distance Carriers

DynaSky will only charge calls that were connected through our network. We are not responsible for calls that were placed through any carriers other than DynaSky. We disclaim all such bills as the result of any action or practice done by customers.

Expiration Date

The Account (DirecDial or EZ Phonebook) will expire 6 months after the date of first purchase, or the date of each recharge or balance transfer, Reward bonus redemption, subscription fee charge (for expiring accounts ONLY), or last outbound usage. The outbound usage includes calling card usage, VoIP usage, and DynaSky eSecretary usage. For example, if today is January 1st and your current expiration date is May 1st, when you make an outgoing call today, the expiration date will be extended to July 1st.

DynaSky reserves the right to disable or to terminate your account login and remove all other features and services if the account balance remains inactive for a period of six (6) months after the account has expired. DynaSky is not obligated to refund any of the unused balance in the expired and disabled account. The username, PIN(s), and phone numbers associated with a terminated account may be given to another user without notice to you or such other party.

Account

Please protect all your account information. DynaSky is not responsible for lost, stolen PIN(s), or unauthorized usage of your account.

Exception to the Rules

While we try our best to eliminate any additional taxes or surcharges to let you pay for only the minutes you have used, there is one exception when you call from a pay phone. Please note that 99¢ will be charged for each call made from a pay phone as the FCC regulations have allowed pay phone companies to impose fees on outside carriers and dial-around services (like ours) for using their phones. Therefore, such charge will occur each time you make a call from a pay phone using your DynaSky account in order to recover the charges imposed by the pay phone companies.

Release

DynaSky shall not be liable or responsible for any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim or proceeding) of any kind whatsoever, sustained or incurred or required to be paid by DynaSky by reason of or arising out of or attributed, directly or indirectly, to improper use of DynaSky's Services. Such a release will include DynaSky, its affiliates, and their sub-carriers and subcontractors. DynaSky shall not be held liable or responsible for any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim or proceeding) of any kind whatsoever, sustained or incurred by a user because of undelivered e-mails, faxes, or voice mails.

Availability of Service

DynaSky makes no warranties or guarantees that any country or any number may be accessible through its networks. For example, you cannot use DynaSky to place 700, 900 or 976 calls, or to place certain operator-assisted, third-party billed, or collect calls. DynaSky does not guarantee the continuous and uninterrupted services of any of its products and the features of its products.

No Emergency Services

You expressly agree and understand that DynaSky is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency services.

Public Phone and Operator Services Surcharge

The FCC (Federal Communications Commission) allows a surcharge to compensate for operator services such as public pay phones, hotel phones, college dormitory phones, and commercial phone line systems. When you use DynaSky service from the aforementioned phones or systems, a US$0.99 per call fee will be assessed and billed to your DynaSky account.

Changes to Terms and Conditions

DynaSky reserves the right to revise these Terms and Conditions at any time, and users are deemed to be apprised of and bound by any changes to Terms and Conditions.